What is enforcement?
Enforcement refers to the efforts undertaken by a brand owner to protect its rights in its trademarks. Maintenance and increase of brand value strongly depends on the effective enforcement of the underlying trademark rights against infringement and depreciation.
Enforcement may include:
- use of a watch service to monitor trademark applications by third parties
- opposition proceedings against pending trademark applications by third parties (see also Oppositions)
- cancellation actions filed against third party registrations
- cease-and-desist letters
- infringement and dilution litigation
- any other means to prevent others from registering or using trademarks that are confusingly similar to the brand owner’s marks
INTA’s Enforcement Committee analyzes legislation and implementation of administrative and judicial procedures for the enforcement of trademark rights. It is tasked with the evaluation of enforcement mechanisms adopted by worldwide jurisdictions and the development of policies to achieve harmonization of enforcement procedures for the best protection of trademark rights.